Bybee, who before landing on the Ninth Circuit U.S. Court of Appeals headed the Justice Department’s Office of Legal Counsel, was briefed by the CIA in the summer of 2002
on the effects of waterboarding. The data presented to Bybee and his direct report, Boalt Hall professor John Yoo, had been gleaned from exercises the American military used to help its own personnel withstand the procedure. Based on that presentation, the lawyers gave the go-ahead to waterboard prisoner Abu Zubaydah.

But the inspector general’s report calls much of that data “irrelevant” in judging how the procedure would affect prisoners (hat tip: Washington Independent).

Of course, waterboarding guidance is only part of the legal advice doled out by Yoo and Bybee; critics would likely argue that this has no impact on the broad executive authority claimed by the OLC at the time, which was subsequently renounced as shoddy. But Legal Pad wouldn’t be surprised if Yoo and Bybee’s lawyers have used deficient CIA data as one of their talking points in convincing the Justice Department not to criminally investigate their clients.

August 07, 2009

When Attorney General Eric Holder dismissed all charges against former Republican Senator Ted Stevens in March, he won plaudits from several quarters — including the New York Times editorial page — for putting the law above politics.

A few career federal prosecutors perceive the decision more cynically, however.
Stevens, a longtime senator from Alaska, had been convicted on seven counts by a Washington, D.C., jury for lying on a financial disclosure form. But prosecutors soon came under fire from the trial judge for failing to turn over interview notes to the defense, which an FBI whistleblower alleged was intentional. Those disclosures led Holder to toss the conviction and announce that Stevens would not be retried.

Despite the allegations, prosecutors contacted by The Recorder in three federal districts outside D.C. — who requested anonymity because they currently work for the Justice Department — said Holder’s decision rankled, partly because no official determination had yet been communicated to the field as to whether the DOJ personnel on the Stevens case truly acted in bad faith.

June 29, 2009

San Francisco defense attorney Steven Gruel has joined the ranks of those angling to replace Northern District U.S. Attorney Joseph Russoniello.

Gruel, a former federal prosecutor, said today that he submitted an application to Sen. Barbara Boxer last week. Boxer has assembled a committee to vet applicants for the position, and she will also appoint several other judicial and law enforcement officials around California.

President Barack Obama has not asked Russoniello to step down, but Boxer is accepting applications should he do so.

Gruel said Boxer’s office told him they were just beginning to interview candidates.

Since leaving the Northern District U.S. attorney’s office, Gruel has represented Los Angeles private detective Anthony Pellicano and San Francisco Supervisor Ed Jew.

June 26, 2009

The National Lawyers Guild San Francisco Bay Area Chapter delivered more than 100 complaints to the State Bar on Friday, demanding disciplinary action against former Department of Defense General Counsel William Haynes — now GC at San Ramon-based Chevron Corp. — for “championing policies of torture” at Guantanamo Bay.

But no matter how persuasive the legal group’s arguments may be, Haynes won’t be disbarred. He can’t be. Haynes is not a member of California’s State Bar.

Has the stimulus bill got you stimulated? Watch out, a government suitor can sometimes turn on you.

With over $350 billion available in stimulus funds for sectors including energy, infrastructure, construction, healthcare, education, public safety, and government services industries, a lot of companies are eager to get in the game, but unfamiliar with the rules.

D.C.-based Arnold & Porter is sending a government contracts expert out to San Francisco on Monday and Santa Monica on Tuesday
to talk about what exactly it means to get in bed with the government.

June 01, 2009

Last fall, the head of IP at Sunnyvale smart-phone maker Palm, Doug Luftman, helped organize a little letter-writing campaign (.pdf) to the presidential hopefuls with the simple message: Make sure the next director of the patent office is actually a freakin’ patent lawyer.

The letter didn’t mention then-PTO director Jon Dudas by name. But Dudas was not a legit patent nerd. He was a Bush appointee with little background in patent law who often riled the patent bar with his proposals, like the one that would have streamlined the patent application process by reducing appeals.

May 28, 2009

It has been a big week for protests in San Francisco (which those outside the Bay Area will assume is like a big week for gravity — it’s always goin’ on). Tuesday evening, unhappy reaction to the Prop 8 ruling culminated in hundreds of peaceful gay rights protesters marching from Civic Center down to the Metreon. At least, that’s where we peeled off from the crowd to catch a movie.

But wait — there’s more. There was an event outside the Ninth Circuit in downtown SF today to call for the impeachment of Torture Memo King Jay Bybee. Dozens of protesters (we’re posting a photo of one, but trust us, dozens) showed up, a few dressed, like this guy, in orange jumpsuits and black hoods. We’d respectfully submit that running around a court building in prisonwear is just asking for an Unfortunate Misunderstanding, but fortunately this is an appeals court.

The protest drew media attention (hey, we were there) and also some judicial review: Chief Judge Alex Kozinski and Ninth Circuit Executive Clerk Cathy Catterson were seen peeking out at the protest.

Photographic demigod Jason Doiy points out that there was no indication of Bybee being in the building at the time, but the protesters were not to be daunted. He says they were threatening to make the demonstrations a recurring event until Bybee is held accountable for his role in crafting the Bush administration’s torture policies. Also, they talked about following Bybee to his regular haunt, Las Vegas (a.k.a, for the ironically inclined, “Sin City.”)

President Obama has tapped Wilson Sonsini CEO John Roos to be ambassador to Japan, according to a late White House announcement Wednesday.

Roos, who was an early supporter and heavy fundraiser for Obama, has been chief executive at Wilson Sonini Goodrich & Rosati since 2005. A Stanford Law School graduate, Roos has been a partner at Wilson Sonsini since 1988.

Last week, the Japanese press reported that Roos would be tapped for the post and lamented Roos’ lack of diplomatic experience, but neither the firm nor the White House were willing to comment.

Roos’ nomination would await Senate confirmation.

Wilson Sonsini spokeswoman Courtney Dorman wouldn’t say too much today, but it sounds like Roos is in a good mood.

“John is deeply honored by the president’s intention to nominate him as the U.S. ambassador to Japan, and he looks forward to the confirmation process. As I’m sure you understand, he is not able to comment further at this time,” Dorman wrote in an email.

Which means we’ll have to wait to see who fills the leadership vacuum at the Valley powerhouse.

May 20, 2009

The Japanese press is going crazy over an anonymous source in Washington who is telling them that Wilson Sonsini CEO John Roos is going to be nominated soon to be President Obama’s ambassador to Japan.